A member asked about 8 years ago

Invoice for fence

Hi. Housing SA fixed a fence next to my house. I haven't received any notification from them and never signed any agreement paperwork. They sent an invoice of about $1400. I started paying because they were sending lot of letters. Also they sent that bill to debt collection and it effected my credit score. Still i am paying off that money without any reason. What are my rights?

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. It is not clear whether you asked Housing SA to fix the fence next to your house. If you did, then Housing SA should have notified you of any repair costs that would be passed on to you and the terms on which you would be expected to repay this money.

If Housing SA did not provide you with any written or oral information about the debt you would incur, you may want to make a formal complaint with the SA Department for Communities and Social Inclusion (www.dcsi.sa.gov.au). If you are not satisfied with their response, you can lodge a further complaint with Ombudsman SA (www.ombudsman.sa.gov.au), which may investigate your matter.

It sounds like Housing SA has sold the debt to a debt collection agency because you did not repay the money within an appropriate time frame or in adequate instalments. A debt collection agency has a right to obtain the money from you, but they should, where feasible, accommodate your financial situation. If you are experiencing financial hardship, you can: seek a variation of the repayments (e.g. smaller amounts more frequently), offer to pay a lump sum that is slightly less than the total amount owing as a final settlement of the debt, or ask for the debt to be waived entirely if you have no assets or income. You should negotiate with the debt collection agency to see if you can reach an alternative arrangement.

If the debt collection agency is hassling you or is otherwise acting aggressively or improperly, you can lodge a complaint with the Financial Ombudsman Service (www.fos.org.au).

Suggested way forward

If the above options are not helpful, you may want to consider speaking to a financial counsellor for assistance. A lawyer can also help you by fully assessing your situation and advising you of the best way forward. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered about 8 years ago   Legal disclaimer

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